"I don't know if there is one. She said that what she puts in her report is when there are matches. She claimed that didn't match anything." So say this shit during a bench conference without jurors to hear, and then, claim differently during trial! Freakin amazing.
I don't think Lisa S testified the blue wax on Ex. 44 was a match to anything. Nobody asked. I don't think Lisa S testified that the blue wax was not in a report. Nobody asked. I don't think Lisa S testified that the defense lawyers were unaware of her wax discovery until she testified. Nobody asked. It's not Burnett's fault. Nobody objected; nobody claimed surprise; nobody requested that Lisa S return to the stand to ask her questions; nobody requested an instruction to the jury.
